Dish trying to trademark "TV Everywhere" and everyone else is against it

[CK SatGuy]

From Multichannel News:

DirecTV says rival satellite TV operator Dish Network's attempt to trademark "TV Everywhere" should be refused, joining the five biggest U.S. MSOs and others in opposing Dish's claim on the term. Dish filed for trademark protection on "TV Everywhere" on Sept. 17, 2009, and after procedural delays the U.S. Patent & Trademark Office published its application for opposition last fall.Last month, Comcast, Time Warner Cable, Cox Communications, Charter Communications and Cablevision Systems -- as well as Time Warner Inc. and Hulu -- officially registered their objections with the USPTO's Trademark Trial and Appeal Board to block Dish's trademark claim. All of the parties opposing Dish's claim on "TV Everywhere" argue that even before Dish filed its application in 2009, the term was being used generically by the industry to refer to authenticated online video services. "Media companies other than [Dish] have made such generic or descriptive use of TV Everywhere earlier than the Filing Date, and have continued to make such generic or descriptive use of TV Everywhere to the present date," DirecTV said in its Feb. 29 filing, which was made public this week. DirecTV concluded, "If [Dish] were to obtain registration of TV Everywhere, [Dish] would be presumed to have the exclusive right to use TV Everywhere in commerce on or in connection with the Services, resulting in injury to Opposer." Time Warner Inc., in its opposition filed Feb. 24 with the USPTO, additionally argued that it coined the "TV Everywhere" term.

Dish currently uses TV Everywhere to promote its DishOnline.com website and Slingbox products, which provide access to live and recorded video programming to multiple devices over the Internet. The USPTO has assigned Dish's trademark application serial number 77828705.

DirecTV: Dish Should Be Denied 'TV Everywhere' Trademark - 2012-03-08 18:04:58 | Multichannel News
Cable Operators, Time Warner Inc. Move To Block Dish's 'TV Everywhere' Claim - 2012-02-28 22:20:09 | Multichannel News

 

[Claude Greiner]

They should also be denied to use the word "DISH"

 

[Tampa8]

The OP is interesting, I do believe there are examples of wording previously used that were copyrighted, not sure though.

 

[The Fat Man]

They should also be denied to use the word "DISH"

I was wondering how that worked. I guess the all caps makes it possible. I personally don't understand why they made that the new name. If I say Dish, everyone thinks DirecTV. When I say Dish Network. They know what I'm talking about.

 

[harshness]

They should also be denied to use the word "DISH"

If Radio Shack can have exclusive rights to the word Shack, then all bets are off and it comes down to who used it as a product name or trademark first.

 

[Scherrman]

I was wondering how that worked. I guess the all caps makes it possible. I personally don't understand why they made that the new name. If I say Dish, everyone thinks DirecTV. When I say Dish Network. They know what I'm talking about.

Just having it as Dish made sense to me. That what the majority of people refer to them as.

 

[harshness]

Just having it as Dish made sense to me. That what the majority of people refer to them as.

I disagree. The Fat Man was right about dish being confused with DIRECTV.

If you asked someone if they had dish, DIRECTV would qualify if not being what they were thinking.

I believe the identity change was a mistake for two reasons:

1. It is ambiguous.
2. It doesn't do anything to distance the new DISH from the old DISH Network (if that was a goal).

 

[cosmo_kramer]

If Radio Shack can have exclusive rights to the word Shack, then all bets are off and it comes down to who used it as a product name or trademark first.

If I'm reading this right, it looks like it was approved last week...

DISH - Reviews & Brand Information - DISH NETWORK L.L.C. Englewood, CO - Serial Number: 85480400

 

[Scott Greczkowski]

They should also be denied to use the word "DISH"

I got to agree with this.

When Paula Dean makes her food and says that it is her favorite "Dish" is she going to get sued?
Does DIRECTV need to pay DISH for telling the customer they need their "dish" alligned?
When people talk gossip other people listen becase they want the "dish" on whats going on.

Is DISH going to start going after site that have the word dish in their name? Many of these sites have been named dish long before dish had the trademark...

It will be interesting to see where dish goes here..

 

[cosmo_kramer]

TV EVERYWHERE - Reviews & Brand Information - Dish Network, L.L.C. Englewood, CO - Serial Number: 77828705

 

[pabeader]

saying "a dish" might be confusable between the two. but saying "Dish" is not.

 

[HIFI]

TV EVERYWHERE - Reviews & Brand Information - Dish Network, L.L.C. Englewood, CO - Serial Number: 77828705

a page with the STUPID commercials they were playing.

 

[gpollock87]

I disagree. The Fat Man was right about dish being confused with DIRECTV.

If you asked someone if they had dish, DIRECTV would qualify if not being what they were thinking.

my grandparents use to call Directv dish. i had to explain to them that dish was a different company.

 

[empiretc]

I got to agree with this.

When Paula Dean makes her food and says that it is her favorite "Dish" is she going to get sued?
Does DIRECTV need to pay DISH for telling the customer they need their "dish" alligned?
When people talk gossip other people listen becase they want the "dish" on whats going on.

Is DISH going to start going after site that have the word dish in their name? Many of these sites have been named dish long before dish had the trademark...

It will be interesting to see where dish goes here..

Agreed, but big money can own anything.

We received a cease and desist from F*x studios for a t-shirt we were selling online. It was simple- WTF? with (Why The Face??) tagged just below. Apparently this phrase was used on the show Modern Family, and they were claiming "common law intellectual copyright".

of course the site we were using shutdown all the tees. we would have had to get an attorney and fight them. NO WAY, and without a doubt, they knew we wouldn't. Damn cyberbullies.

Lucas Films owns "DROID". Microsoft owns "WINDOWS" and the list goes on and on. The internet has paved the way to a clust**** of befuddled copyright/intellectual property laws. Funny, though, as they have not been able to create any laws that would actually be helpful in the quest to make the internet safe. There just aren't big companies dumping tons of money into that.


Dish will probably get it if it is like common law marriage. They have been called Dish for so long, and most people think of them when referring to Dish. They are just trying to get it in writing.

 

[jerryez]

Most of the people that I know think that DirectTV is the only sat service available. They think Dish and Directtv are the same company.

 

[meStevo]

The Dish registered trademark is specifically "The mark consists of the word "dish", with the letter "i" consisting of a design element to represent a wireless and/or satllite signal." so I don't think there's any violation unless it's use encroaches on that description.

 

[Scott Greczkowski]

Good I would hate to see them come after me for dishstore (which is a domain I have owned for the past 9 years)

 

[navychop]

Most of the people that I know think that DirectTV is the only sat service available. They think Dish and Directtv are the same company.

I've come across that repeatedly.

 

[cosmo_kramer]

When Paula Dean makes her food and says that it is her favorite "Dish" is she going to get sued?

Only if she cooks that dish in a Dish dish.

 

[gpollock87]

Only if she cooks that dish in a Dish dish.

what?? hahahaha